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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 99

Conditions of petroleum exploration permits

  (1)   The Joint Authority may grant a petroleum exploration permit subject to whatever conditions the Joint Authority thinks appropriate.

Note:   A grant of a permit may be a grant by way of renewal--see section   11.

  (2)   The conditions (if any) must be specified in the permit.

  (2A)   Subsection   (1) does not apply to a boundary - change petroleum exploration permit.

Permit to which Royalty Act applies

  (3)   A petroleum exploration permit to which the Royalty Act applies is subject to a condition that the permittee will comply with the provisions of the Royalty Act.

Note:   The Royalty Act applies to a small number of North West Shelf titles.

  (4)   Despite subsection   (2), the condition mentioned in subsection   (3) does not need to be specified in the permit.

Work - bid petroleum exploration permits and special petroleum exploration permits

  (5)   Any or all of the following conditions may be specified in a work - bid petroleum exploration permit or a special petroleum exploration permit:

  (a)   conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);

  (b)   conditions relating to the amounts that the permittee must spend in carrying out such work;

  (c)   conditions requiring the permittee to comply with directions that:

  (i)   relate to the matters covered by paragraphs   (a) and (b); and

  (ii)   are given in accordance with the permit.

  (6)   Subsection   (5) does not limit subsection   (1) or (10).

Cash - bid petroleum exploration permits

  (7)   Despite subsection   (1), a cash - bid petroleum exploration permit must not be granted subject to conditions requiring the permittee to:

  (a)   carry out work in, or in relation to, the permit area; or

  (b)   spend particular amounts on the carrying out of work in, or in relation to, the permit area.

Note:   A grant of a permit may be a grant by way of renewal--see section   11.

Declared petroleum exploration permits--approval of key petroleum operations

  (8)   A declared petroleum exploration permit is subject to the condition that the permittee will not carry on key petroleum operations under the permit unless the responsible Commonwealth Minister has approved the operations under section   100.

  (9)   Despite subsection   (2), the condition mentioned in subsection   (8) does not need to be specified in the permit.

  (10)   If, under section   100, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared petroleum exploration permit, the responsible Commonwealth Minister may, by written notice given to the permittee, vary the permit by imposing one or more conditions to which the permit is subject.

  (11)   A variation of a declared petroleum exploration permit under subsection   (10) takes effect on the day on which notice of the variation is given to the permittee.

  (12)   A condition imposed under subsection   (10) may require the permittee to ensure that:

  (a)   all wells; or

  (b)   one or more specified wells;

made in the permit area by any person engaged or concerned in operations authorised by the permit are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.

  (13)   Subsection   (12) does not limit:

  (a)   subsection   (10); or

  (b)   Part   6.2; or

  (c)   Part   6.4.

  (14)   If:

  (a)   a declared petroleum exploration permit is subject to a condition; and

  (b)   the condition was imposed under subsection   (10);

the responsible Commonwealth Minister may, by written notice given to the permittee, vary or revoke the condition.

  (15)   A variation of a declared petroleum exploration permit under subsection   (14) takes effect on the day on which notice of the variation is given to the permittee.

  (16)   Subsection   (14) does not limit section   264.

Boundary - change petroleum exploration permits

  (17)   The Joint Authority may, by written notice given to the permittee of a boundary - change petroleum exploration permit, vary the permit by imposing one or more conditions to which the permit is subject.

  (18)   A notice under subsection   (17) must be given within 14 days after the grant of the permit.

  (19)   A variation under subsection   (17) takes effect on the day on which notice of the variation is given to the permittee.

  (20)   If:

  (a)   the grant of a boundary - change petroleum exploration permit is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph   118A(2)(b) or (3)(b); and

  (b)   the State/Territory petroleum exploration title is of a kind that corresponds to a work - bid petroleum exploration permit or a special petroleum exploration permit;

any or all of the conditions mentioned in subsection   (21) of this section may be specified in:

  (c)   the boundary - change petroleum exploration permit; or

  (d)   a petroleum exploration permit granted under Division   5 by way of the renewal of the boundary - change petroleum exploration permit.

  (21)   The following conditions are specified for the purposes of subsection   (20):

  (a)   conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);

  (b)   conditions relating to the amounts that the permittee must spend in carrying out such work;

  (c)   conditions requiring the permittee to comply with directions that:

  (i)   relate to the matters covered by paragraphs   (a) and (b); and

  (ii)   are given in accordance with the permit.

  (22)   Subsection   (20) does not limit subsection   (10) or (17).

  (23)   If:

  (a)   the grant of a boundary - change petroleum exploration permit is consequential on a State/Territory petroleum exploration title ceasing to be in force as mentioned in paragraph   118A(2)(b) or (3)(b); and

  (b)   the State/Territory petroleum exploration title is of a kind that corresponds to a cash - bid petroleum exploration permit;

the conditions mentioned in subsection   (24) of this section must not be specified in:

  (c)   the boundary - change petroleum exploration permit; or

  (d)   a petroleum exploration permit granted under Division   5 by way of the renewal of the boundary - change petroleum exploration permit.

  (24)   The following conditions are specified for the purposes of subsection   (23):

  (a)   conditions requiring the permittee to carry out work in, or in relation to, the permit area;

  (b)   conditions requiring the permittee to spend particular amounts on the carrying out of work in, or in relation to, the permit area.


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